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Employment Law

Employment law questions? Ask an employment lawyer.

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I have a question about employment law and whether I have a…

Hello, I have a question about employment law and whether I have a case.

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Yes it was discussed with a manager, although only as a workplace issue, not from a legal perspective.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

'at will" hourly

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is all, thank you.

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Customer reply replied 9 months ago

Recently, I left my job at a software development consultancy due to the fact that the consultancy asked me to perform duties beyond my employment contract with them. Now that I have left, they are trying to bill me for training they provided while I was their employee. In addition, to corroborate the billing, they are referencing our employment contract which contains blatantly false information about the job they hired me for, even including my job title. I am interested in scheduling an appointment for advice and consultation; please let me know if you have time available.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Please ignore any reports from the site regarding your expert being offline, they are incorrect as delays in replies are caused by many reasons including working with multiple customers on this site or clients in our office at the same time.

Did you have a contract of employment regarding the training and having to work a certain time? Can you upload the contract?

Ask Your Own Employment Law Question

Customer reply replied 9 months ago

but the site will not let me upload. I can type in any particular parts.

What does it say about how long you agreed to work there and the repayment for training, because that is the important part (other than you saying they breached the contract)?

Ask Your Own Employment Law Question

Customer reply replied 9 months ago

The contract states that I am to repay any training if I leave mid-training up to $2500, but it is also true that upon hiring me they began asking me to perform my duties improperly. For example, when interviewing with clients to get business, they asked me to falsify 7+ years of experience and state that I am a sr. level software developer. I have only 1 year of software development experience. This is the part I am interested asking about: is it worth pursuing this legally?Seeing as in addition to that, they also placed me in a role upon my hiring which is contrary to the role listed on my contract. My contract says "Developer", while they stated they are training me and placing me in a Sr. Developer position which will require me to falsify a resume and lie through interviews to perform. I also have copies of the emails where they have sent me the false resume and also exercises to better memorize fake interview answers for 7+ years of experience that do not exist. Is this worth pursuing?Inside the company, everyone explicity acknowledges that lying through contract interviews and falsifying resumes for big companies like Google or Microsoft is how they get their business and that this is simply necessary to make their side of business work.

The fact they asked you to lie would be your claim they breached the contract with you first, since your contract did not provide you had the experience they claim. You also need to send them a letter informing them that they are in breach of contract and committing unfair and deceptive business practices which you plan on providing evidence of to the State Attorney General regarding falsifying experience and resumes and you will turn them over to the media as well. However, legally you cannot sue them over that because they are defrauding customers, not you.

The unethical conduct though is good cause to seek to void the contract and sue them if they try to come after you for the money for the training and you should put them on notice you intend to do that in addition to turning them in to the media and Attorney General if they do not waive the collection.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).